News
Public procurement. The recent decision of the Council of State no. 1998 of March 20, 2020.
- 30/03/2020
The Council of State, with recent decision of March 20, 2020, no.1998 ruled on the correction of the material error in the offer stating that, in the tender bidding process, the tenderer is obliged to submit a certain, serious, complete and unchangeable tender, and that the tenderer is burdened by the obligation of diligence ex art. 1176 of the Civil Code and there is the principle of self-responsibility towards it, as it cannot freely modify what it declared during the tender bidding process, citing "distracting" errors, since at the time of presentation, the offer crystallizes and, therefore, cannot be changed. In order to exceptionally admit its correction for an alleged material error, it is necessary that there is certain proof that it is indeed a typo, having to exclude that through this stratagem the offer may be modified, in violation of the principle of equal conditions among competitors.
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